HE 

■^5 


?3 


GIFT  OF 


No.  156.)      AN  ACT  AS  AMENDED.     (H.  665. 

To  prescribe  rules  and  regula Lions  relating  to  de- 
murrage and  car  service  and  charges  therefor 
and  the  respective  rights,  duties,  obligations, 
liabilities  and  remedies  of  common  carriers  by 
rail  and  shippers  and  consignees  with  respect 
to  the  furnisliing  of  empty  cars  and  the  trans- 
portation and  delivery  of  freight  and  delay  of 
shippers  and  consignees  in  the  loading  and  un- 
loading of  cars  and  the  receiving  of  freight  and 
charges  for  such  delay. 

Section  1.    Be  it  enacted  by  the  Legislature  of  Application 
Alabama,  That  when    a    shipper    or    consignee  for  cars, 
makes  a  written  application  to  a  railroad  com- 
pany for  a  car  or  cars,  to  be  loaded  with  any  kind 
of  freight  embraced  in  the  tariff  of  said  company 
stating  in  said  application  the  character  of  the 
freight,  and  its  final  destination,  it  shall  be  the 
duty  of  the  railroad  company  to  furnish  the  same 
at  loading  point  or  points  if  the  number  of  cars  Railroad  com- 
be three  or  less  within    two    days    from    seven  P^"y  ^^  f^/"' 
o'clock  a.  m.  of  the  day  following  such  applica- nuniber°of 
tion ;  if  the  nundjer  required  be  more  tlmn  three  cars  and  time 
and  less  than  ten,  within  five  days;  and  if  the^°^  furnishing 
number  be  more  than  ten  and  not  more  than 
twenty-five,  within  ten  days  from  seven  o'clock 
a.  m.  of  the  day  following  the  date  of  such  ap- 
plication ;  but  the  railroad  company  shall  not 
be  required  to  furnish  more  than  twenty-five  cars 
to  any  one  shipper  at  an^^  one  time  and  place. 
When  the  shipper  making  such  application  speci- 
fies a  future  day  on  which  he  desires  to  make  a 
shipment,  giving  notice,  thereof  for  not  less  than 
the  number  of  days  specified  above,  computing 
from  seven  o'clock  a.  m.  of  the  day  following  such 
application,  the  railroad  company  shall  furnish 


2y.4yG5. 


\^^;^^ 


2 


Penalty  for 
failure  to  com 
ply  with 
section. 


May  demand 
receipt. 


Free  time 
allowed  for 
accidents,  etc. 


Duty  of  rail- 
roads to  re- 
ceive freight 
when  ten- 
dered. 


Number  of 
miles  per  day 
freight  to  be 
carried. 


Penalty  for 
failure. 


such  car  or  cars  on  the  day  or  days  specified  in 
such  application.  For  failure  to  comply  with  the 
provisions  of  this  section  the  company  so  offend- 
ing shall  forfeit  and  pay  to  the  shipper  apply- 
ing, the  sum  of  one  dollar  per  car,  per  day,  for 
each  day  or  fraction  of  a  day,  of  delay  after  the 
expiration  of  free  time,  in  furnishing  said  cars, 
upon  demandnn  writing  made  within  sixty  days 
thereafter  by  the  shipper ;  provided,  the  total  for- 
feiture shall  not  exceed  ten  dollars  for  each  car, 
the  applicant  may  require  the  agent  or  officer 
with  whom  the  application  is  filed  to  give  a  writ- 
ten receipt  for  the  application,  and  any  agent 
or  officer  Avho  fails  or  refuses  to  give  the  rect;ipt 
herein  provided  for  shall  be  guilty  of  a  misde- 
meanor and  upon  conviction  shall  be  fined  not 
more  than  five  hundred  (|500.00)  dollars.  Pro- 
vided, that  if  the  railroad  company  shall  be  de- 
layed in  furnishing  the  cars  applied  for  by  an  act 
of  God  or  by  any  accident  on  the  road  or  by  a 
strike,  the  delay  thus  caused  shall  be  added  to 
the  free  time  allowed  herein  for  the  furnishing 
of  said  cars. 

Sec.  2.  When  freight  in  car  loads  or  less  is 
tendered  a  railroad  company  and  correct  ship- 
ping instructions  given,  the  railroad  agent  must 
immediately  receive  the  same  for  shipment  and 
issue  bills  of  lading  therefor,  and  whenever  such 
shipments  have  been  so  received  by  any  railroad 
company,  they  must  be  carried  forward  at  the 
rate  of  not  less  than  fifty  (50)  miles  per  day  of 
twenty-four  hours,  computing  from  seven  o'clock 
a.  m.  of  the  day  following  receipt  of  shipment, 
and  for  failure  to  receive  and  transport  to  their 
destination  such  shipments  within  the  time  pre- 
scribed, the  railroad  company  so  offending  shall 
forfeit  and  pay  to  the  shipper,  or  consignee,  ac- 
cording to  Avhose  interest  is  affected  by  the  de- 
lay, the  sum  of  one  dollar  per  car  for  each  day, 
or  fraction  of  a  day  of  delay  beyond  the  free  time 
allowed  on  all  carload  freight,  and  one  cent  per 
hundred  pounds  per  day,  or  fraction  thereof,  of 
delay  on  freight  in  less  than  carloads,  with  mini- 


mum  charge  of  five  (5)  cents  for  each  one  pack- 
age, upon  demand  in  writing  b}^  the  shipper  or 
consignee,  whose  interest  is  affected  b}-  such  de- 
la}' ;   provided,   that  in   computing  the  time  of 
freiglit  in  transit,  there  shall  be  allowed  twenty- Time  allowed 
four    hours   at    each    point    where    transferring^?^  transfer- 
from  one  railroad  to  another,  or  rehandling  of  handling 
freight,  is  involved;  provided,  further,  that  the  freight, 
total    forfeiture    shall    not    exceed    ten    dollars 
(110.00)  on  consignments  not  in  excess  of  a  car™^^^  fonei- 
load,  and  that  the  total  forfeiture  for  each  car 
shall  not  exceed  ten  dollars  ($10.00).    Provided, 
further,  that  the  period  during  which  the  move- 
ment of  freight  is  suspended  on  account  of  acci- 
dent or  an}'  cause  not  within  the  power  of  the^^.^^  ^^^^^  ^j, 
railroad  company  to  prevent,  and  not  due  to  any  lowed  for  acci- 
negligence  of  the  railroad  company  or  that  of  its^^^nts. 
employees,  shall  be  added  to  the  free  time  allow- 
ed in  this  section,  and  counted  as  additional  free 
time. 

Sec.  3.    Railroad  companies  shall,  within  twen-p^^-y  ^^ 
ty-four  hours  after  arrival  of  shipment,  give  no- railroads  upon 
tice,  by  mail  or  otherwise,  to  consignee  of  the^^^vai  of 
arrival  of  shipments  together  with  the  weight^  ipmen  . 
and  amount  of  freight  charges  due  thereon ;  and 
where  goods  or  freight  in  car  load  quantities  ar- 
rive, such  notice  shall  contain  the  date  and  hour  what  notice 
the  car  arrived,  also  identifying  numbers,  letters,  ™^^^  contain. 
and  initials  of  the  car  or  cars,  and  if  such  goods 
or  freight  are  transferred  to  other  car  or  cars  in 
transit,  the  number  and  initials  of  the  cars  in 
which  originally  shipped.     An}'  railroad  compa- 
ny failing  to  give  such  notice  within  the  time  re- 
quired by  this  section  shall  forfeit  and  pay  to  the 
shipper,  or  consignee,  whose  interest  is  affected.  Penalty  for 
the  sum  of  one  dollar  (|1.00)  per  car  per  day, ^^"'''■^• 
for  each  day  or  fraction  of  a  day  of  delay  in  giv- 
ing such  notice  on  all  carload  shipments,  and  one 
(1)  cent  per  hundred  pounds  per  day,  for  each 
day  or  fraction  of  a  day  of  such  delay,  on  freight 
in  less  than  car  loads,  with  minimum  charge  of 
five  (5)  cents  for  any  one  package,  after  the  ex- 
piration  of   said  twenty-four   hours;   provided. 


Amount  of  to- 
tal  forfeiture. 


Duty  of  rail- 
roads in  plac- 
ing freight  to 
be  unloaded. 


Penalty  for 
failure. 


Total  forfei- 
ture. 


Car  load 
freight   subject 
to  demurrage 
charges. 


Time   allowed 
shipper  for 
loading. 


Demurrage 
charges. 


Failure  to 
begin  loading. 


that  not  more  than  one  dollar  (|1.00)  per  day, 
and  not  more  than  a  total  of  ten  dollars  (flO.OO) 
shall  be  charged  for  an}^  one  consignment  not  in 
excess  of  a  car  load,  and  that  the  total  forfeiture 
shall  not  exceed  ten  dollars  (|10.00)  for  each 
car. 

Sec.  4.  Eailroad  companies  shall  deliver 
freight  at  their  depots  or  warehouses,  or,  in  case 
of  shipment  for  track  delivery,  shall  place  loaded 
cars  at  an  accessible  place  for  unloading  within 
twenty-four  hours  after  arrival,  computing  from 
seven  o'clock  a.  m.  the  day  following  the  arrival 
of  same.  Except  that  car  load  shipments  for 
track  deliver}^  at  local  stations  having  not  more 
than  one  team  track,  shall  be  placed  at  an  ac- 
cessible point  for  unloading  by  the  conductor  of 
the  train  on  Avhich  the  car  arrived.  For  failure 
to  comply  with  the  provisions  of  this  section  the 
railroad  company  shall  forfeit  and  pay  to  the 
shipper  or  consignee,  according  to  whose  inter- 
est is  affected  by  the  delay,  one  dollar  (fl.OO) 
per  day,  for  each  day  or  fraction  of  a  day  such 
delivery  is  so  delayed;  provided,  however,  that 
the  total  forfeiture  shall  Jiot  exceed  ten  dollars 
(110.00)   for  each  car. 

Sec.  5.  All  car  load  freight,  or  freight  car- 
ried at  car  load  rates,  and  all  freight  in  cars 
whether  full  car  load  or  not,  taking  track  delivery 
shall  be  subject  to  the  demurrage,  or  car  service 
charges  prescribed  in  this  act. 

Sec.  G.  A  shipper,  on  whose  order  a  car  or 
cars  have  been  placed  for  loading,  shall  be  allow- 
ed forty-eight  hours  for  the  loading  of  such  car 
or  cars,  computing  time  from  seven  o'clock  a.  m. 
the  day  after  such  car  or  cars  have  been  placed 
subject  to  the  order  of  the  shipper,  and  thereafter 
a  demurrage  charge  of  not  more  than  one  dollar 
(fl.OO)  per  car  per  day,  or  fraction  of  a  day,  of 
delay,  may  be  assessed  and  collected  on  all  such 
cars  as  have  not  been  tendered  to  the  railroad 
company  with  shipping  instructions  within  said 
forty-eight  hours,  provided,  however,  that  should 
the  shipper  fail  to  begin  loading  within  forty- 


ei^ht  hours  after  the  expiration  of  free  time  the 

railroad  company  shall  consider  the  car  or  cars 

released  and  may  assess  and  collect  two  dollars 

(12.00)  on  each  car,  covering  the  demurrage  then  Total  forfei- 

due,  provided,  further,  that  the  total  forfeiture*"^®- 

shall  not  exceed  ten   dollars    (|10.00)    for   each 

car.    Railroad  companies  shall  not  be  compelled 

to  furnish  cars  for  future  shipment  to  parties  in  Not  required 

default  or  arrears  as  to  the  payment  of  the  de-J^  furnish  cars 

to  Darties  in 

murrage  charges  herein  last  provided  for,  until  arrears, 
guch  demurrage  charges  have  been  paid.     If,  ai 
ter  placing  the  car  or  cars  required  by  this  act, 
the  railroad  companies  shall,  during  or  after  free 
time,  temporarily  remove  all  or  any  of  them,  or 
in  any  wa^'  prevent,  obstruct  or  delay  the  loading J^  ^^^^  moved 
of  same,  the  shipper  shall  not  be  chargeable  with  railroad.^  ^ 
the  delay  caused  thereby.     When,  by  reason  of 
delay  or  irregularity  on  the  part  of  the  railroad 
company  in  filling  orders,  cars  are  bunched  in  in  case  cars 
excess  of  the  ability  of  the  shipper  to  load,  the  are  bunched, 
shipper  shall  be  allowed  separate  and  distinct  pe- 
riods of  free  time  within  which  to  load  the  car 
or  cars  specified  in  each  separate  application. 

Sec.  7.     A  car  or  cars  detained  or  held  at  a 
point  of  shipment  for  want  of  proper  shipping 
instructions,  or  by  reason  of  imperfect  or  ex- 
cessive loading,  where  loading  is  done  by  shipper, 
shall  be  subject  to  a  demurrage  charge  of  one  dol- 
lar (11.00)  per  car  per  day,  or  fraction  of  a  ^^jlTn^instvul-^' 
beyond  the  free  time  said  car  or  cars  are  so  de-tions;   demur- 
tained  or  held.    In  case  of  imperfect  or  excessive  rage, 
loading,  the  shipper  shall  be  notified  thereof  as  shipper  to  be 
early  as  practicable  after  said  car  or  cars  have  notified, 
been  received  from  him,  in  which  case  the  above 
car  service  chrages  shall  begin  from  the  time  of 
notification  if  the  free  time  has  expired.     Pro-™^!"^  forfei- 
vided,  however,  that  the  total  charge  or  forfeiture 
shall  not  exceed  ten  dollars  (f  10.00)  for  each  car. 

Sec.   8.     Legal  notice,  as  referred  to  in  thiSL^g^i  notice; 
act,  may  be  either  actual  or  constructive.    Where  what  is. 
the  consignee  or  his  agent  is  personally  served 
with  notice  of  the  arrival  of  freight  at  or  before  p^ee  time  ai- 
six  p.  m.  of  any  day,  free  time  begins  at  seven  lowed. 


o'clock  a.  m.  on  the  day  after  such  notice  has  been 
given.  Constructive  notice  referred  to  consists 
of  posting  notice  by  mail  to  consignee.  Where 
this  mode  of  giving  notice  is  adopted  there  shall 
be  twenty-four  hours  additional  free  time;  from 
the  time  said  notice  is  mailed ;  provided,  however, 
that  when  in  any  case  where  notice  of  arrival  is 
given  by  mail,  the  consignee  shall  make  oath  that 
neither  he,  his  agent,  nor  employees  have  received 
such  notice,  then  he  will  be  held  not  to  have  re- 
ceived legal  notice  by  reason  of  posting  of  said 
notice  by  mail. 

Sec.  9.  All  package  freight  unloaded  by  rail- 
I'oad  companies  in  their  depots  or  warehouses, 
frelght^subject  which  is  uot  removed  by  the  owners  thereof  from 
the  custody  of  the  railroad  company  within  forty- 
eight  hours,  computing  from  seven  o'clock  a.  m. 
of  the  day  folloAving  legal  notice  of  arrival  may 
be  subject  to  a  charge  for  storage  for  each  day, 
or  fraction  of  a  day,  it  may  remain  in  the  custody 
of  the  railroad  company,  as  follows :  In  less 
than  car  loads,  nor  more  than  one  (1)  cent  per 
hundred  pounds  per  day,  or  fraction  thereof;  in 
car  load  quantities,  not  more  than  ten  cents  per 
ton  of  2,000  pounds  per  day  or  fraction  thereof, 
but  not  exceeding  one  dollar  per  car  load  per 
day,  or  fraction  of  a  day;  provided,  that  in  no 
case  shall  the  amount  so  charged  or  collected  for 
storage  of  less  than  a  car  load  shipment  exceed 
the  amount  authorized  to  be  charged  as  storage 
or  demurrage  on  a  car  load  of  similar  freight  for 
the  same  length  of  time  when  not  unloaded  from 
car  as  provided  by  the  demurrage  provisions  in 
this  act  prescribed ;  and  provided  further  that  the 
total  charge  shall  not  exceed  ten  dollars  for  each 
car  load,  nor  ten  dollars  on  consignment  not  in 
excess  of  a  car  load. 

Sec.  10.  Loaded  cars  containing  fertilizer, 
car^s^^of  ^fertm^  ^^^'  ^^^^'  coke,  brick,  and  lumber  in  covered  cars, 
zer,  hay,  coal,  and  the  following  articles  in  bulk :  meat,  pota- 
coke,  brick,  toes,  grain  and  grain  products,  cotton  seed,  cot- 
dlmurrage^  ^"^  ton  seed  meal,  and  cotton  seed  hulls,  taking  track 
charge.  delivery,  which  are  to  be  unloaded  by  consignee, 


to  storage 
charges. 


Amount  of 
same. 


Total  charge. 


but  are  not  unloaded  within  seventy-two  hours, 
computed  from  seven  o'clock  a.  m.  the  day  fol- 
lowing the  day  legal  notice  of  arrival  is    given 
( having  been  placed  at  the  accessible  point  desig- 
nated by  consignee  for  unloading),  may  be  sub- 
ject thereafter  to  a  charge  for  demurrage  of  one 
dollar  per  car  for  each  day  or  fraction  of  a  day, 
beyond  the  free  time  that  they  may  remain  load- 
ed in  possession  of  the  railroad  conipan}^ ;  provid-  Total  forfei- 
ed,  that  the  total  charge  or  forfeiture  shall  not^"^®- 
exceed  ten  dollars  ($10.00)   for  each     car.     All 
other  loaded  cars,  taking  track  delivery,  to  be 
unloaded  by  consignee,  shall  be  limited  to  forty- ot^ifgj.^i™®jj^5^* 
eight  hours  of  free  time;  provided,  however,  that  cars, 
if,  after  placing  a  car  or  cars  as  rc^uireil  in  this 
act,  the  railroad  company  shall  during  or  after 
free  time,  temporarily  remove  all  or  any  of  them,  if  cars  tempo- 
or  in  any  way  oljstruct  the  unh^ading  of  same, warily  removed 
the  consignee  shall  not  be  chargeable  with  the  de-  ^  ^^^  ^^^^' 
lay  caused  thereby.    Provided,  that  when,  on  ac- 
count of  delay  or  irregularity  in  transportation, 
cars  are  bunched  in  transit  and  delivered  to  con- when  '•ars 
signee  in  numbers  beyond  his  reasonable  ability  jj^^J®    ^^    ®" 
to  unload  within  the  free  time  prescribed  in  this 
act,  he  shall  be  allowed  by  the  carrier  such  ad- 
ditional time  as  may  be  necessary  to  unload  cars 
so  in  excess  by  the  exercise  of  due  and  usual  dil- 
igence on  the  part  of  consignee  and  based  on  con- 
signees average  discharge  in  past. 

Sec.  11.     Whenever  the  weather  during  the  pe-„^    ^^ 
.     T      n  r         J.'         '  •      1  X  •       Weather  condi- 

riod  of  free  time  is  so  severe,  inclement,  or  rainy  ^jo^s. 

that  it  is  impossible  or  impracticable  to  secure 
means  of  loading  or  unloading  freight,  or  when, 
from  the  nature  of  the  goods,  loading  or  unload- 
ing would  cause  injury  or  damage,  such  time 
shall  be  added  to  the  free  period,  and  no  demur- 
rage charges  shall  be  allowed  for  such  addition- 
al free  time.  This  section  applies  to  the  state  of 
the  weather  during  business  hours.  ^j^^^^  parties 

Sec.  12.     A  consignor  or  consignee  three  miles  reside  away 
or  more  from  the  depot,  and  whose  freight  is  des-  from  det)ot 
fined  to  or  from  his  place  of  business  or  residence J^^^^^^^^gj^y"; 
so  located,  shall  not  be  subject  to  storage  or  de-rage  charges. 


miirrage  charges  allowed  iu  the  foregoing  sec- 
tions until  a  sufficient  time  has  elapsed  after  no- 
tice for  said  consignee  or  consignor  to  remove  or 
Time  for  un-    load  Said  goods  by  the  exercise  of  ordinary  dili- 
i^o^ading  allow-  gence.    The  time  limit  for  unloading  §hall  not  be 
less  than  four  days  nor  more  than  six  days  from 
the  date  notice  is  given. 
Free  time  on        ^^^-  ^^-     ^^  ^^^'  ^^^^  freight  Originating  in 
carload  freight  Alabama,  and  shipped  on  local  bills  of  lading  to 
to  a  terminal    r^  terminal  point  at  a  port  within  this  State,  for 
for^export.  ^^^  export,  there  shall  be  allowed  ten  days  free  time, 
computing  from  seven  o'clock  a.  m.  the  day  after 
arrival  of  car  or  cars,  before  application  of  stor- 
age or  demurrage  charges. 
Incoming  car-       gec.  14.     All  incoming  car-load  freight,  if  the 
load  freight,     ^.r^jj^^  ^^  ^q^  removed  before  demurrage  charges 
the  amount  of  f  5.00  attach,  may  be  stored  by  the 
carrier  in  its  own  depots  or  warehouses,  or  in  pub- 
lic or  private  warehouses,  at  the  expense  of  the 
consignee  or  owner ;  provided  that     the     rates 
charged  for  such  storage  shall  be  reasonable  and 
that  after  storage  charges  attach  no  demurrage 
charges  shall  be  made. 
When  con-    ^       g^^.   -[5.  If  the  consignee  shall  refuse  to  accept 
to  accept       "    freight  tendered  in  pursuance  of  the  bill  of  lad- 
freight  in  pur-ing,  the  carrier  charged  with  the  duty  of  delivery 
of  ^^Tin^  ^^^^  shall  at  once  give  notice  to  the  consignor  of  such 
refusal ;  and  if  such  consignor  shall  not,  within 
four  days  thereafter,  give  direction  for  the  re- 
Liable  to  car-  shipment  or  unloading,  or  other  disposition  of 
rier  for  storage  g^^^|^  goods,  he  shall  thenceforth  become  liable  to 

or    demurrage.  ■,  .        n         ,  -,  -,  -, 

such  carrier  for  storage  on  such  goods,  or  demur- 
rage upon   the  car  or  cars  in   which  they  are 
gitored,  to  the  same  extent,  and  at  the  same  rates 
as  such  charges  are  now  under     like     circum- 
stances, by  the  provisions  of  this  act,  imposed 
upon  consignees  who  neglect  or  refuse,  after  no- 
tice of  arrival  to  remove  freight  of  like  character 
Consignee  once  from  the  depots  or  cars  of  a  carrier.    A  consignee 
refusing  not      ^y^^^  ^^^^  once  refused  to  accept  a  consignment  of 
ceive  same  un-  goods  shall  not  thereafter  be  entitled  to  receive 
til  all  charges  the  same,  except  upon  payment  of  all  charges 
P^^^-  for  storage  or  demurrage  which  have  accrued; 


9 


•  •  ••,  •  •  •• 


and  if  the  consignee,  of  freight  in  car  loads  or 

less  than  car  loads,  shall  fail  or  neglect  to  remove  ^^®^  ^°^: 

1     i.     .    1  i       ..1  •      .1  1  /-x       XI  •        signee  fails  or 

such  freight  within  three  days  after  the  expira- refuses  to  re- 

tion  of  free  time,  then  the  carrier  shall,  through  move  after 
the  agent  at  point  of  shipment,  so  notify  the  ship-^^^^  ^^°^^' 
per,  unless  the  consignee  has  signified  his  ac- 
ceptance of  the  property.     Said  notice  may  be  banner  of 
served  personally  or  given  by  mail.  ^^""^^"^  '^°^^^^- 

Sec.  16.     When  consignors  ship  goods  consign- 
ed to  order  but  express  in  the  bills  of  lading  or 
shipping  directions  the  name  of  a  person  at  dos 
tiiiatiim  to  be  notified,  it  shall  be  the  duty  of  the  When  goods 
railroad  or  other  transportation  company  to  gi ve g^g^^^^j. J^ ^""^gj. 
notice  to  such  person  in  the  same  way  as  if  thebut  name  of 
shipping  directions  the  name  of  a  person  at  des-P^'^son  express- 
consignors  do  not  (lesignate  the  name  of  the  per- ^d/ng,^*^^  ^^ 
son  to  be  notified  the  rAilroad'or  other  transpor- 
tation company  shall  give  such  notice  only  to 
such  consignors. 

Sec.  17.     Railroads  shall  not  discriminate  be- Railroad  not 
tween  persons  or  places  in  storage  or  demurrae:e^^  discriminate 
charges.     No  rebate,  drawback  or  other  similar  sons  or  piacss. 
device  shall  be  allowed. 

Sec.  18.     No  demurrage  shall  be  charged  on  Demurrage  not 
private  cars  standing  on  private     tracks,  when  chargeable  on 
both  cars  and  tracks  are  owned  by  the  same  per-anlTlpriva^r 
son.    When  the  cars  are  not  owned  by  the  owners  tracks, 
of  the  tracks  no  demurrage  shall  be  charged  pro- 
vided the  person  owning  the  tracks  shall  furnish 
to  the  delivering  railway  satisfactory  evidence 
that  the  owners  of  the  cars  releases  both  him  and 
the  delivering  road  from  the  payment  of  demur- 
rage. 

Sec.  19.     Nothing  in  the  foregoing  rules  shall  Contracts  on 

be  construed  to  prohibit  railroad  companies  from  terms  of  mutu- 
,         ,.  'Ax.'  J  '  al    convenience 

contracting  with   shippers  and   consignees     ouaiiowed. 

terms  of  mutual  convenience  in  the  matter  of  fur- 
nishing and    discharging    cars ;    provided,    that 
such  contracts  shall  be  so  drawn  as  to  give  to 
either  party  the  right  to  cancel  the  same  on  ten^^igiit  to- can- 
days  after  notice,  and  thereafter  demand  the  ap-^^^  ^^^^' 
plication  of.  this  act. 


10 


In  computing 
time   Sundays 
and  legal   holi 
days  excepted. 


Right  to  recov 
cr  actual  dam- 
ages. 


When  cars  de- 
livered to 
switching  or 
belt  line;  de- 
murrage  char- 
ges incurred. 


Manner  of  re- 
covering 
charge  or  for 
feiture  incurr- 
ed. 


Sec.  20.  In  all  computations  of  time  under 
.  the  provisions  of  this  act,  Sundays  and  legal  holi- 
days shall  be  excluded. 

Sec.  21.  ^^othing  in  this  act  shall  be  so  con- 
strued as  to  bar  or  prevent  any  shipper  or  con- 
signee from  recovering  from  any  railroad  com- 
pany, in  addition  to  the  penalties  herein  pre- 
scribed such  actual  damages  as  he  may  have  sus- 
tained by  reason  of  any  violation  of  the  provis- 
ions of  this  act  by  such  company. 

Sec.  22.  In  all  cases  where  a  car  or  cars, 
loaded  or  empty,  shall  be  delivered  by  any  car- 
rier to  any  switching  line  or  belt  line  for  transfer 
to  the  shipper  or  consignee,  if  any  demurrage 
charge  or  other  charge  or  forfeiture  shall  be  in- 
curred by  or  in  favpr  of  either  the  shipper  or  con- 
signee or  the  common  carrier,  by  reason  of  any 
fault,  negligence  or  delay  on  the  part  of  such 
switching  line  or  belt  line,  said  switching  line 
or  belt  line  shall  forfeit  and  pay  to  the  shipper  or 
consignee,  according  to  Avhose  interest  is  af- 
fected, such  sum  as  said  shipper  or  consignee 
shall  pay  to  said  carrier  under  the  provisions  of 
this  act,  as  a  demurrage  or  other  charge,  and 
shall  forfeit  and  pay  to  such  carrier  such  sum 
as  it  shall  be  required  to  pay,  under  the  provis- 
ions of  this  act,  to  such  shipper  or  consignee. 

Sec.  23.  Any  charge  or  forfeiture  incurred  by 
any  carrier,  including  any  switching  line  or  belt 
line,  in  favor  of  any  shipper  or  consignee,  under 
the  provisions  of  this  act,  may  be  recovered  in 
an  action  of  assumpsit  or  debt,  or  under  a  court 
claiming  the  same  in  a  complaint  in  any  suit  to 
recover  such  damages  as  he  may  have  sustained 
by  reason  of  any  violation  of  the  provisions  of 
this  act.  If  any  shipper  or  consignee  shall  before 
suit  commenced,  and  within  sixty  days  after  ahy 
such  charge  or  forfeiture  in  his  favor  has  been 
incurred,  file  a  Avritten  claim,  verified  by  affida- 
vit, for  such  charge  or  forfeiture  with  any  officer, 
manager,  superintendent,  freight  agent  or  sta- 
tion agent  of  the  carrier  against  which  the  claim 
was  incurred,  and  if  within  sixty  days  after  the 


•    • 

•• 

•»• 

• 

,    , 

•      • 

• 

•  ,    ' 

•  • 

• 

• 

•      • 

•  •  • 

• 

, 

•  • 

• 

• 

.,  ;  • 

•  ,• 

.•••. 

• 
•  •• 

• 

I     ••• 

filing  of  said  claim,  the  same  shall  not  be  adjust- 
ed and  paid  l)y  said  carrier,  then  the  amount  of 
the  charge  or  forfeiture  recoverable  against  said 
carrier  and  for  which  it  shall  be  liable  shall  be 
three  fold  the  amount  prescribed  in  this  act.  Pro- 
vided the  proof  shows  that  the  claim  filed  as 
aforesaid  was  not  for  more  than  the  shipper  was 
entitled  to  under  the  provisions  of  this  act. 

Sec.  24.    Any  person,  firm,  company  or  corjio- 
ration  who  shall  make  such  application  to  JiiiVp^j^^j.    ^^^ 
common  carrier  by  rail  for,  and  shall  procure  securing  cars 
from  such  common  carrier  any  number  of  ears  without  bona 
without  a  bona  fide  intention  to  use  the  same  ff>i*fo  use^same^" 
the  transportation  of  freight  shall  be  guilty  of  a 
misdemeanor,  and,  upon  C(mviction,  shall  be  fined 
not  less  than  five  hundred  dollars  nor  more  than 
five  thousand  dollars  for  each  offense'. 

Sec.  25.     Any  car  of  freight  shipped  from  Mo-JJ^h^^g^^^o^nsU- 
bile  by  steamer,  sail,  or  other  water  craft,  des- shipment, 
tined  for  a  port  outside  the  State  of  Alabama 
shall  constitute  an  export  shipment  and  entitle 
shipper  to  export  time  limit,  as  defined  l)y  this 
act. 

Sec.  20).     This  act  shall  go  into  effect  imnie- Effect, 
diately  upon  its  approval. 

Approved  February  28,  1907. 


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